ILLINOIS POLLUTION CONTROL BOARD
M
EETING MINUTES
December 7, 2006
Chicago/Springfield Videoconference
CHICAGO OFFICE – 100 W. Randolph Street
Videoconference Room 11-512
And
SPRINGFIELD OFFICE – 1021 N. Grand Avenue East
Oliver Holmes Conference Room 2012 N – Second Floor
11:00 A.M.
ANNOUNCEMENTS
Chairman Girard welcomed members of the public and staff.
ROLL CALL
The Clerk of the Board called the roll. All Board Members answered present.
APPROVAL OF MINUTES
Minutes of the November 16, 2006 meeting were approved by a vote of 4-0.
RULEMAKINGS
R06-10
In the Matter of: Proposed Amendments to Tiered Approach to
Corrective Action Objectives (35 Ill. Adm. Code 742) – The Board
adopted a second notice proposal to amend the Board’s land
pollution control regulations.
4-0
R, Land
R06-24
In the Matter of: Revisions to Water Quality Standards for Total
Dissolved Solids in the Lower Des Plaines River for ExxonMobil
Oil Corporation: Proposed 35 Ill. Adm. Code 303.445 – The Board
adopted a second notice proposal to amend the Board’s water
pollution control regulations.
4-0
R, Water
R06-26
In the Matter of: Proposed New Clean Air Interstate Rule (CAIR)
Johnson
SO
2
, NO
x
Annual and NO
x
Ozone Season Trading Programs, 35 Ill.
Adm. Code 225, Subparts A, C, D and E – No action taken.
R, Air
ADJUSTED STANDARDS
AS 07-2
In the Matter of: Proposed Extension of Adjusted Standard
Applicable to Illinois-American Water Company’s Alton Public
Water Supply Facility Discharge to the Mississippi River – The
Board found that petitioner satisfied jurisdictional requirement of
providing notice of its petition for an adjusted standard; granted the
motion to incorporate by reference both the petition for adjusted
standard and site-specific impact study filed in Petition of Illinois-
American, AS 99-6.
4-0
PWS
ADMINISTRATIVE CITATIONS
IEPA v. Northern Illinois Service Company – Due to the delay of
seven weeks between service of the Illinois Environmental
Protection Agency’s statement of hearing costs and its arrival in the
Board’s office, the Board on its own motion reconsiders its final
opinion and order of November 16, 2006, and vacates that order.
The Board allows the respondent 21 days, or until Friday,
December 22, 2006, to file a response limited to the issue of the
Agency’s claimed costs. The Agency then has 14 days after
service of the response to file any reply. When that reply period
has elapsed, the Board will issue a final opinion and order restating
a finding of violations and assessing the civil penalty and
appropriate hearing costs.
AC 05-40
4-0
2
IEPA v. James Stutsman – Due to the delay of seven weeks
between service of the Illinois Environmental Protection Agency’s
statement of hearing costs and its arrival in the Board’s office, the
Board on its own motion reconsiders its final opinion and order of
November 16, 2006, and vacates that order. The Board allows the
respondent 21 days, or until Friday, December 22, 2006, to file a
response limited to the issue of the Agency’s claimed costs. The
Agency then has 14 days after service of the response to file any
reply. When that reply period has elapsed, the Board will issue a
final opinion and order restating a finding of violations and
assessing the civil penalty and appropriate hearing costs.
AC 05-70
4-0
AC 06-50
IEPA v. Mark Gates – No action taken.
AC 06-53
County of Ogle v. George C. Heal – The Board granted
complainant’s motion to dismiss.
4-0
AC 07-21
County of Macon v. Tim Walker – The Board directed complainant
to file, on or before January 4, 2007, the proof of service of the
administrative citation on respondent. The Board also directed
respondent to file, on or before January 4, 2007, an amended
petition stating the date on which he received service of the
administrative citation from the County and stating the reasons for
appeal as required by 35 Ill. Adm. Code 108.206.
4-0
AC 07-22
County of Sangamon v. Jack Caldwell – In response to a joint
stipulation and settlement agreement in this administrative citation
action involving a Sangamon County facility, the Board found that
respondent had violated Sections 21(p)(1) and (p)(7) of the
Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(7) (2004))
and ordered respondent to pay a civil penalty of $3,000. The Board
also granted the parties’ joint motion to dismiss the alleged
violation of 415 ILCS 5/21(p)(3) (2004).
4-0
AC 07-23
IEPA v. Curtis Jim Hammond – The Board found that this Fulton
County respondents violated Section (p)(1), (p)(3), and (p)(7) of
the Act (415 ILCS 5/21(p)(1), (p)(3), and (p)(7) (2004)), and
ordered respondent to pay a civil penalty of $4,500
.
4-0
3
AC 07-25
City of Chicago Department of Environment v. 1601-1759 East
130th Street, L.L.C. – The Board accepted an administrative
citation against this Cook County respondent.
AC 07-26
IEPA v. Leonard Hostetler – The Board accepted an administrative
citation against this Macon County respondent.
AC 07-27
IEPA v. Paul Sahlstrom – The Board accepted an administrative
citation against this Winnebago County respondent.
ADJUDICATORY CASES
Decisions
PCB 06-104
People of the State of Illinois v. Moore Painting and Illinois-
American Water Company – In this air, land and water
enforcement action concerning a Madison County facility, the
Board granted relief from the hearing requirement of Section
31(c)(1) of the Environmental Protection Act (415 ILCS 5/31(c)(1)
(2004)), accepted a stipulation and settlement agreement, and
ordered the respondents to pay a total civil penalty of $26,000, and
to cease and desist from further violations.
4-0
A,L,&W
Motions and Other Matters
PCB 96-98
People of the State of Illinois v. Skokie Valley Asphalt, Co., Inc.,
Edwin L. Frederick, Jr. individually and as owner and President of
Skokie Valley Asphalt Co., Inc., and Richard J. Frederick
individually and as owner and Vice President of Skokie Valley
Asphalt Co., Inc. – The Board denied respondents’ November 15,
2006 motion for sanctions.
4-0
W-E
4
PCB 97-179
People of the State of Illinois v. Midwest Grain Products of Illinois,
Inc. – Upon receipt of a proposed stipulation and settlement
agreement and an agreed motion to request relief from the hearing
requirement in this air enforcement action involving a Tazwell
County facility, the Board ordered publication of the required
newspaper notice.
4-0
A-E
PCB 04-31
PCB 05-43
(cons.)
Broadus Oil v. IEPA – No action taken.
UST
Appeal
PCB 04-213
The Village of Lombard, Illinois v. Bill’s Auto Center, Bill’s
Standard Service, and William Kovar – The Board granted
complainant’s motion to stay this matter for 210 days through and
including June 27, 2007.
4-0
Citizens
UST Cost
Recovery-
E
PCB 05-157
Grand Pier Center L.L.C. and American International Specialty
Lines Insurance Co. as subrogee of Grand Pier Center L.L.C. v.
River East L.L.C, Chicago Dock and Canal Trust, Chicago Dock
and Canal Company, and Kerr-McGee Chemical L.L.C. – No
action taken.
Citizens
L-E
PCB 06-52
Knapp Oil Company, Don’s 66 v. IEPA – No action taken.
UST
Appeal
PCB 06-53
C&F Packing Company, Inc. v. IEPA and Lake County – No action
taken.
W-V
PCB 06-150
People of the State of Illinois v. Stoecker Farms, Inc. – Upon
receipt of a proposed stipulation and settlement agreement and an
agreed motion to request relief from the hearing requirement in this
water enforcement action involving a Macoupin County facility,
the Board ordered publication of the required newspaper notice.
4-0
W-E
5
PCB 06-177
People of the State of Illinois v. Sheridan Sand & Gravel Co. – No
action taken.
L-E
PCB 06-184
Peoria Disposal Company v. Peoria County Board – The Board
denied petitioner’s motion for partial summary judgment and
granted the Opposition Groups’ motion for leave to file an
amicus
curiae
brief in this proceeding.
4-0
P-C-F-S-R
PCB 07-1
People of the State of Illinois v. Kurt Carlson – Upon receipt of a
proposed stipulation and settlement agreement and an agreed
motion to request relief from the hearing requirement in this water
enforcement action involving a Winnnebago County facility, the
Board ordered publication of the required newspaper notice.
4-0
W-E
PCB 07-12
Fedex Ground Package System, Inc. v. IEPA – No action taken.
UST
Appeal
PCB 07-17
Dale L. Stanhibel v. Tom Halat d/b/a Tom’s Vegetable Market –
The Board granted respondent’s motion for leave to file a motion to
dismiss. Respondent is directed to file his motion to dismiss by
Monday, January 8, 2007, which is the first business day after the
30th day from the date of this order. Because service of the
complaint did not fully comply with the Board’s procedural rules,
the Board will accept as timely a motion to dismiss filed by January
8, 2007. Because the deadline for filing an answer is stayed by
operation of the Board’s procedural rules, the Board denied as
unnecessary respondent’s motion to extend the time to respond to
the complaint. Also, because the Board does not have before it a
motion for default and does not address the issue of default in this
order, respondent’s motion to vacate any possible default is denied
as moot. Finally, the Board reserved ruling on whether the
complaint is frivolous or duplicative and whether to accept the
complaint for hearing.
4-0
Citizens
A&N – E
PCB 07-27
Village of Wilmette v. IEPA – No action taken.
UST
Appeal
6
PCB 07-30
The Premcor Refining Group, Inc. v. IEPA – No action taken.
P-A, Air
PCB 07-36
Noveon, Inc. v. IEPA – The Board granted this request for a 90-day
extension of time to file a permit appeal on behalf of this Cook
County facility.
4-0
P-A, Air
90-Day
Ext.
PCB 07-37
People of the State of Illinois v. Village of Dorchester – The Board
accepted for hearing this public water supply enforcement action
involving a site located in Macoupin County.
4-0
PWS-E
PCB 07-38
City of Joliet v. IEPA - The Board granted this request for a 90-day
extension of time to file a permit appeal on behalf of this Will
County facility.
4-0
P-A, Water
90-Day
Ext.
PCB 07-39
City of Geneva v. IEPA - The Board granted this request for a 90-
day extension of time to file a permit appeal on behalf of this Kane
County facility.
4-0
P-A, Water
PCB 07-40
People of the State of Illinois v. Village of Browning – The Board
accepted for hearing this public water supply enforcement action
involving a site located in Schuyler County.
4-0
PWS-E
PCB 07-41
People of the State of Illinois v. Village of Nebo – The Board
accepted for hearing this public water supply enforcement action
involving a site located in Pike County.
4-0
PWS-E
PCB 07-42
People of the State of Illinois v. Environmental Reclamation
Company – The Board accepted for hearing this land enforcement
action involving a site located in Coles County.
4-0
L-E
7
PCB 07-43
Kibler Development Corporation and Marion Ridge Landfill, Inc.
v. IEPA – The Board accepted for hearing this permit appeal
involving a Williamson County facility.
4-0
P-A, Land
PCB 07-44
Indian Creek Development Company individually as beneficiary
under Trust 3291 of the Chicago Title and Trust Company dated
December 15, 1981 and the Chicago Title and Trust Company, as
trustee under trust 3291 dated December 15, 1981 v. The
Burlington Northern Santa Fe Railway Company, a Delaware
company – The Board held for a later duplicative/frivolous
determination this citizens’ land and water enforcement action
involving a Kane County facility.
Citizens
L&W-E
CASES PENDING DECISION
PCB 04-36
Michael A. Petrosius and Darla G. Petrosius v. Illinois State Toll
Highway Authority
Johnson
Citizens
N-E
ADJOURNMENT
Moved and seconded, by a vote of 4-0, Chairman Girard adjourned the meeting at 11:40
a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on December 21, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
8
